Q.: I had purchased a plot in one of the townships, which was coming up on Mysore road, during 1995 on an installment scheme for 66 months. Now, already 72 months are over and I have paid the full amount. But the developer has not completed even half the work and even the work is not at all going in full swing due to his various personal problems. He is willing to register the site but I am not willing, as it will only add to my dead investment at this juncture. Please advise me whether or not can demand refund of the amount with interest. Also please let me know what is the legal step to be taken?
A.: Before purchasing a plot in the outskirts of the city one should thoroughly check the reputation of the builder, title of property and future development in the area. If these initial checks are not properly done, one will face problems as you do now. If the promoter is unable to continue with the work, you have every right to ask for refund of the money along with interest. If the promoter fails to return the money along with interest you may approach the Consumer Redresal Forum for remedy.
Q.: My husband died leaving my child and me behind. I depend on the income from my husband’s property now my mother-in-law asking for a share in the property. She has other income. Is she entitled to a share in my husband’s property?
A.: Hindu law says after the death of a person, his wife, children and his mother have equal share in his property. In your case your mother-in-law is entitled to a share in the property
Q. My father has applied for a BDA property. After settlement, he paid the money and thereafter he died. What is the procedure to get the property transferred in my name?
A.: The legal heirs are entitled to a share in the allotted site. You have to make a representation to the BDA with documentary evidence in support of your claim. Once the BDA is satisfied that you and others are the legal heirs, it will then transfer the property in your name along with other legal heirs.
Q.: What is the stamp duty applicable for General Power of Attorney (GPA) in Bangalore?
A.: In general, if you authorize one or more persons for various transactions, the stamp duty applicable is Rs. …../-.This GPA may be notarized or registered. For registration the fee is Rs. 100/-. In case of a GPA given for consideration, the stamp duty applicable is same as the stamp duty you pay for a sale deed for a property in Karnataka. For GPA to promoters and developers the stamp duty applicable is ……% on the market value of a property in Karnataka and also …..% registration charges on the market value.
GPA in favour of a family member for sale of property in Karnataka the stamp duty applicable is only Rs…./- This GPA can be only in favour of father, mother, husband, son, daughter, brother and sister,
GPA in favour of some other person for sale of an immovable property in Karnataka, the stamp duty applicable is …% o the market value of the property ad also ….% registration charges on the market value.
Q.: My mother is holding some ancestral property. I am her only daughter and I have two brothers. I would like to know whether I am or my brothers are entitled to the property.
A.: Under section 14 & 15 of Hindu Succession Act, the property of your other becomes Stree Dhana property, which she can dispose of at, will.
Q.: I was working in Dubai. At that time, I wanted to purchase a property in India. I sent money to my father who bought a property in his name. After my return to India, I married a Christian girl. Now my father is refusing to give the property to me. He says that he will bequeath the property to the daughters by a registered Will. Howe can I get back the property?
A.: Since the property is in your father’s name, it is his property. In the eye of law it is his self acquired property. He is free to give the property to anyone, in this case your sisters. You may request your father to re-consider his decision on moral grounds of justice and equity. Or you may approach an elderly person in the family and arrive at an amicable settlement.
Q.: I have a self-acquired property. By a Will I bequeathed the property to my son and registered the Will. Thereafter, I changed my mind and bequeathed the property to my daughter through a Will, which is not registered. Is this valid?
A.: It is not necessary to cancel a registered Will with another registered Will. However, it is always advisable to cancel the registered Will to avoid complications at a later date. If not the current holder of the unregistered will shall have to prove the gaminess of the Will.
Q.: My wife left our baby boy and me about twenty five years ago and married another person. I divorced her later. I gave my son good education and over a period of time he started earning very well and purchased a property valued at over Rs. 25 lakhs. However, he met with an accident and died. He was not married. Now his mother is claiming the property. Please let me know whether or not she has a right to the property?
A.: Though her action was unfair, as per the Hindu Succession Act 1956, mother is the legal heir to unmarried son’s property. Since your son died a bachelor, his surviving mother has right to his property. Mother-son relationship cannot be broken. Legally speaking, she has every right to the property irrespective of the fact that she left you twenty five years ago and divorced later.
Q.: I purchased a first floor flat from a promoter. From the second floor water is leaking into my bathroom. Shall I ask the promoter to rectify the defect or the second owner? What is the remedy? Can I file a case against the promoter?
A.: You have not mentioned when you bought the flat. If it is a recent purchase the promoter is bounded to rectify the defect as per the agreement. If the flat is two or three years old, you may take up the matter with the flat owners association or you may ask the second floor owner to rectify the defect and share the expenses.
Q.: I recently bought a house in the Bangalore Mahanagara Palike jurisdiction and got it registered in my name. I approached the Corporation for transfer of the knatha to my name. To do this work, the employees there are demanding money. Why should I pay them? What should I do to get the khatha without bribe?
A.: Strictly speaking, you don’t have to pay that extra money to get the khatha transferred to your name. You may approach the higher officials for this purpose. You may also approach Lok Ayukta. Perhaps Mahanagara Palike has introduced two novel schemes for the convenience of the property owners. They are Sarala Khata Scheme and Tax Self Assessment Scheme. You may avail of the schemes.
Q.: I want to buy a ‘Gramathana’ site at Bommanahalli. I can invest up to Rs. 3 lakhs only on the property. Can I go ahead with the purchase?
A.: It is always advisable to purchase a plot of land with proper legal documents in a layout approved by the Town Planning Authority. Instead of purchasing revenue sites, go for a BDA approved plot or for a plot in a layout developed by registered societies. Investment in revenue land is highly risky and therefore not recommended, as problems would crop up at a future date. HSR layout is near Bommanahalli where you can get a BDA approved site if you can arrange some more money. Now-a-days it is quite easy to raise the required finance from banks and finance companies at nominal rate of interest to purchase a plot in a BDA approved layout. Investing in a BDA property is a little expensive. However, it is a wise investment, as not only the site value appreciates but also you will not regret later.